1. ENGLISH
Apple Inc.
Software License Agreement For iTunes
Please read this software license agreement ("License") carefully before
using the Apple software. By using the Apple software, you are agreeing to
be bound by the terms of this License. If you do not agree to the terms of
this License, do not use the software. If you do not agree to the terms of
the License, you may return the Apple software to the place where you
obtained it for a refund. If the Apple software was accessed electronically,
click "disagree/decline". For Apple software included with your purchase of
hardware, you must return the entire hardware/software package in order
to obtain a refund.
Important Note: To the extent that this software may be used to reproduce
materials, it is licensed to you only for reproduction of non-copyrighted
materials, materials in which you own the copyright, or materials you are
authorized or legally permitted to reproduce. To the extent that this
software may be used for remote access to music files for listening
between computers, remote access of copyrighted music is only provided
for lawful personal use or as otherwise legally permitted. If you are
uncertain about your right to copy or permit access to any material you
should contact your legal advisor.
1. General. The software, documentation and any fonts accompanying this
License whether on disk, in read only memory, on any other media or in any
other form (collectively the "Apple Software") are licensed, not sold, to you by
Apple Inc. ("Apple") for use only under the terms of this License, and Apple
reserves all rights not expressly granted to you. The rights granted herein are
limited to Apple's and its licensors' intellectual property rights in the Apple
Software and do not include any other patents or intellectual property rights. You
own the media on which the Apple Software is recorded but Apple and/or Apple's
licensor(s) retain ownership of the Apple Software itself. The terms of this
License will govern any software upgrades provided by Apple that replace and/or
supplement the original Apple Software product, unless such upgrade is
accompanied by a separate license in which case the terms of that license will
govern.
2. Permitted License Uses and Restrictions.
A. Subject to the terms and conditions of this License, you are granted a limited
non-exclusive license to install and use the Apple Software. To the extent that the
Apple Software may be used to reproduce materials, such use is limited to
reproduction of non-copyrighted materials, materials in which you own the
copyright, or materials you are authorized or legally permitted to reproduce. You
may not make the Apple Software available over a network where it could be

2. used by multiple computers at the same time. You may make one copy of the
Apple Software in machine-readable form for backup purposes only; provided
that the backup copy must include all copyright or other proprietary notices
contained on the original. Except as and only to the extent expressly permitted in
this License or by applicable law, you may not copy, decompile, reverse
engineer, disassemble, modify, or create derivative works of the Apple Software
or any part thereof.
B. VoiceOver Kit - Automatic Updates. When you are using VoiceOver Kit version
1.3, the Apple Software will periodically check with Apple for updates to the
pronunciation rules used by VoiceOver to generate the spoken items that you
hear when you have VoiceOver selected. If a pronunciation update is available,
the update will automatically download onto your computer, and when you have
VoiceOver selected, the new version of the spoken items will be generated and
synced to your iPod. The older version of the spoken items will no longer be
available. These automatic updates will not change the actual media content
(e.g., music, video, podcasts) on your iPod or in your iTunes library.
C. Certain components of the Apple Software, and third party open source
programs included with the Apple Software, have been or may be made available
by Apple on its Open Source web site (http://www.opensource.apple.com/)
(collectively the "Open-Sourced Components"). You may modify or replace only
these Open-Sourced Components; provided that: (i) the resultant modified Apple
Software is used, in place of the unmodified Apple Software, on a single Applelabeled computer; and (ii) you otherwise comply with the terms of this License
and any applicable licensing terms governing use of the Open-Sourced
Components. Apple is not obligated to provide any maintenance, technical or
other support for the resultant modified Apple Software.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Apple
Software. You may, however, make a one-time permanent transfer of all of your
license rights to the Apple Software to another party, provided that: (a) the
transfer must include all of the Apple Software, including all its component parts,
original media (if any), printed materials and this License; (b) you do not retain
any copies of the Apple Software, full or partial, including copies stored on a
computer or other storage device; and (c) the party receiving the Apple Software
reads and agrees to accept the terms and conditions of this License.
4. Consent to Use of Data.
A. If you opt in to diagnostic and usage collection, you agree that Apple and its
subsidiaries and agents may collect, maintain, process and use diagnostic,
technical, usage and related information, including but not limited to information
about your computer, system and application software, and peripherals, that is
gathered periodically to facilitate the provision of software updates, product
support and other services to you (if any) related to the Apple Software, and to
verify compliance with the terms of this License. Apple may use this information,

3. as long as it is collected in a form that does not personally identify you, to provide
and improve Apple's products and services.
B. If you have opted in to the Ping social network and use the iTunes Sidebar,
iTunes will send information to Apple about the content you select in your iTunes
library in order to provide you with Ping personal recommendations. By using
Ping, you agree to Apple's use of such information. If you do not want iTunes to
send this information to Apple for Ping, you may hide the iTunes Sidebar or opt
out of Ping.
C. At all times your information will be treated in accordance with Apple’s Privacy
Policy, which is incorporated by reference into this License and can be viewed at:
www.apple.com/privacy/.
5. iTunes Store and other Services.
A. This software enables access to Apple's iTunes Store, if available, which offers
downloads of music for sale and other services, App Store and other Apple and
third party services and web sites (collectively and individually, "Services"). Such
Services may not be available in all languages or in all countries. Use of the
Services requires Internet access and use of certain Services may require an
Apple ID, may require you to accept additional terms of service and may be
subject to additional fees.
B. By using this software in connection with an Apple ID, iTunes Store account or
iCloud account, you agree to the applicable terms and conditions for that
account, such as the latest iTunes Store Terms and Conditions, which you may
access and review at http://www.apple.com/legal/itunes/ww/, or the iCloud Terms
and Conditions which can be found at http://www.apple.com/legal/icloud/ww/,
respectively. If you do not agree to the applicable terms and conditions for such
an account, do not use the Apple Software in connection with that account.
C. You understand that by using any of the Services, you may encounter content
that may be deemed offensive, indecent, or objectionable, which content may or
may not be identified as having explicit language. Nevertheless, you agree to use
the Services at your sole risk and that Apple shall have no liability to you for
content that may be found to be offensive, indecent, or objectionable. Content
types (including genres, sub-genres and Podcast categories and sub-categories
and the like) and descriptions are provided for convenience, and you
acknowledge and agree that Apple does not guarantee their accuracy.
D. Certain Services may display, include or make available content, data,
information, applications or materials from third parties (“Third Party Materials”)
or provide links to certain third party web sites. By using the Services, you
acknowledge and agree that Apple is not responsible for examining or evaluating
the content, accuracy, completeness, timeliness, validity, copyright compliance,
legality, decency, quality or any other aspect of such Third Party Materials or web

4. sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and
do not assume and will not have any liability or responsibility to you or any other
person for any third-party Services, Third Party Materials or web sites, or for any
other materials, products, or services of third parties. Third Party Materials and
links to other web sites are provided solely as a convenience to you. You agree
that you will not use any Third Party Materials in a manner that would infringe or
violate the rights of any other party, and that Apple is not in any way responsible
for any such use by you.
E. You agree that the Services, including but not limited to graphics, audio clips,
and editorial content, contain proprietary content, information and material that is
owned by Apple and/or its licensors, and is protected by applicable intellectual
property and other laws, including but not limited to copyright. You agree that you
will not use such proprietary content, information or materials other than for
permitted use of the Services or in any manner that is inconsistent with the terms
of this License or that infringes any intellectual property rights of a third party or
Apple. No portion of the Services may be reproduced in any form or by any
means. You agree not to modify, rent, lease, loan, sell, distribute, or create
derivative works based on the Services, in any manner, and you shall not exploit
the Services in any unauthorized way whatsoever, including but not limited to,
using the Services to transmit any computer viruses, worms, trojan horses or
other malware, or by trespass or burdening network capacity. You further agree
not to use the Services in any manner to harass, abuse, stalk, threaten, defame
or otherwise infringe or violate the rights of any other party, and that Apple is not
in any way responsible for any such use by you, nor for any harassing,
threatening, defamatory, offensive, infringing or illegal messages or
transmissions that you may receive as a result of using any of the Services.
F. In addition, Services and Third Party Materials that may be accessed from,
displayed on or linked to from the Apple Software are not available in all
languages or in all countries or regions. Apple makes no representation that such
Services and Materials are appropriate or available for use in any particular
location. To the extent you choose to use or access such Services and Third
Party Materials, you do so at your own initiative and are responsible for
compliance with any applicable laws, including but not limited to applicable local
laws. Apple and its licensors reserve the right to change, suspend, remove, or
disable access to any Services at any time without notice. In no event will Apple
be liable for the removal of or disabling of access to any such Services. Apple
may also impose limits on the use of or access to certain Services, in any case
and without notice or liability.
6. Termination. This License is effective until terminated. Your rights under this
License will terminate automatically without notice from Apple if you fail to comply
with any term(s) of this License. Upon the termination of this License, you must
cease all use of the Apple Software and destroy all copies, full or partial, of the
Apple Software. Sections 4, 5, 6, 7, 8, 11 and 12 of this License shall survive any

5. such termination.
7. Disclaimer of Warranties.
A. If you are a customer who is a consumer (someone who uses the Apple
Software outside of your trade, business or profession), you may have legal
rights in your country of residence which would prohibit the following limitations
from applying to you, and where prohibited they will not apply to you. To find out
more about rights, you should contact a local consumer advice organization.
B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND
SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS
WITH YOU.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
APPLE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND “AS
AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND,
AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS
"APPLE" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE
SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
D. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE APPLE SOFTWARE AND SERVICES, THAT THE
FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE APPLE
SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF
THE APPLE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE
AVAILABLE, THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL
BE CORRECTED, OR THAT THE APPLE SOFTWARE WILL BE COMPATIBLE
OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD
PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE
USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY
SERVICES.
E. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND
SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR
ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS
OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED
BY THE APPLE SOFTWARE OR SERVICES COULD LEAD TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL

6. DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION
SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS
SYSTEMS.
F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE
OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE APPLE SOFTWARE OR SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE
EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY
APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL
INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO
TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY
OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR
RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLE SOFTWARE
OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN
CONJUNCTION WITH THE APPLE SOFTWARE, HOWEVER CAUSED,
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
YOU. In no event shall Apple's total liability to you for all damages (other than as
may be required by applicable law in cases involving personal injury) exceed the
amount of fifty dollars ($50.00). The foregoing limitations will apply even if the
above stated remedy fails of its essential purpose.
9. Export Control. You may not use or otherwise export or reexport the Apple
Software except as authorized by United States law and the laws of the
jurisdiction in which the Apple Software was obtained. In particular, but without
limitation, the Apple Software may not be exported or re-exported (a) into any
U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Department of Commerce
Denied Person’s List or Entity List. By using the Apple Software, you represent
and warrant that you are not located in any such country or on any such list. You
also agree that you will not use the Apple Software for any purposes prohibited
by United States law, including, without limitation, the development, design,
manufacture or production of missiles, or nuclear, chemical or biological
weapons.

7. 10. Government End Users. The Apple Software and related documentation are
"Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of
"Commercial Computer Software" and "Commercial Computer Software
Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being licensed
to U.S. Government end users (a) only as Commercial Items and (b) with only
those rights as are granted to all other end users pursuant to the terms and
conditions herein. Unpublished-rights reserved under the copyright laws of the
United States.
11. Controlling Law and Severability. This License will be governed by and
construed in accordance with the laws of the State of California, excluding its
conflict of law principles. This License shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. If you are a consumer based in the
United Kingdom, this License will be governed by the laws of the jurisdiction of
your residence. If for any reason a court of competent jurisdiction finds any
provision, or portion thereof, to be unenforceable, the remainder of this License
shall continue in full force and effect.
12. Complete Agreement; Governing Language. This License constitutes the
entire agreement between the parties with respect to the use of the Apple
Software licensed hereunder and supersedes all prior or contemporaneous
understandings regarding such subject matter, with the exception of any
additional terms and conditions you are required to accept if you choose to use
Apple's online store which will govern your use of such store and any Services
you purchase through that store. No amendment to or modification of this
License will be binding unless in writing and signed by Apple. Any translation of
this License is done for local requirements and in the event of a dispute between
the English and any non-English versions, the English version of this License
shall govern, to the extent not prohibited by local law in your jurisdiction.
13. Third Party Notices.
A. Portions of the Apple Software utilize or include third party software and other
copyrighted material. Acknowledgements, licensing terms and disclaimers for
such material are contained in the electronic documentation for the Apple
Software, and your use of such material is governed by their respective terms.
B. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent
Portfolio License for encoding in compliance with the MPEG-4 Systems
Standard, except that an additional license and payment of royalties are
necessary for encoding in connection with (i) data stored or replicated in physical
media which is paid for on a title by title basis and/or (ii) data which is paid for on

8. a title by title basis and is transmitted to an end user for permanent storage
and/or use. Such additional license may be obtained from MPEG LA, LLC. See
http://www.mpegla.com for additional details.
This product is licensed under the MPEG-4 Visual Patent Portfolio License for
the personal and non-commercial use of a consumer for (i) encoding video in
compliance with the MPEG-4 Visual Standard ("MPEG-4 Video") and/or (ii)
decoding MPEG-4 video that was encoded by a consumer engaged in a personal
and non-commercial activity and/or was obtained from a video provider licensed
by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied
for any other use. Additional information including that relating to promotional,
internal and commercial uses and licensing may be obtained from MPEG LA,
LLC. See http://www.mpegla.com.
C. H.264/AVC Notice. To the extent that the Apple Software contains AVC
encoding and/or decoding functionality, commercial use of H.264/AVC requires
additional licensing and the following provision applies: THE AVC
FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE
PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE
VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR
(ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED
IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO
THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE
AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY
BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.
14. Third Party Software and Service Terms and Conditions.
A. Gracenote® End User License Agreement
This application or device contains software from Gracenote, Inc. of Emeryville,
California (“Gracenote”). The software from Gracenote (the “Gracenote
Software”) enables this application to perform disc and/or file identification and
obtain music-related information, including name, artist, track, and title
information (“Gracenote Data”) from online servers or embedded databases
(collectively, “Gracenote Servers”) and to perform other functions. You may use
Gracenote Data only by means of the intended End-User functions of this
application or device.
You agree that you will use Gracenote Data, the Gracenote Software, and
Gracenote Servers for your own personal non-commercial use only. You agree
not to assign, copy, transfer or transmit the Gracenote Software or any
Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT
GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE
SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Gracenote Data, the
Gracenote Software, and Gracenote Servers will terminate if you violate these

9. restrictions. If your license terminates, you agree to cease any and all use of the
Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote
reserves all rights in Gracenote Data, the Gracenote Software, and the
Gracenote Servers, including all ownership rights. Under no circumstances will
Gracenote become liable for any payment to you for any information that you
provide. You agree that Gracenote, Inc. may enforce its rights under this
Agreement against you directly in its own name.
The Gracenote service uses a unique identifier to track queries for statistical
purposes. The purpose of a randomly assigned numeric identifier is to allow the
Gracenote service to count queries without knowing anything about who you are.
For more information, see the web page for the Gracenote Privacy Policy for the
Gracenote service.
The Gracenote Software and each item of Gracenote Data are licensed to you
“AS IS.” Gracenote makes no representations or warranties, express or implied,
regarding the accuracy of any Gracenote Data from in the Gracenote Servers.
Gracenote reserves the right to delete data from the Gracenote Servers or to
change data categories for any cause that Gracenote deems sufficient. No
warranty is made that the Gracenote Software or Gracenote Servers are errorfree or that functioning of Gracenote Software or Gracenote Servers will be
uninterrupted. Gracenote is not obligated to provide you with new enhanced or
additional data types or categories that Gracenote may provide in the future and
is free to discontinue its services at any time. GRACENOTE DISCLAIMS ALL
WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE
DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR
USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN
NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR
INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
B. Kerbango Tuning Service Terms and Conditions.
Terms of Service. By using 3Com Corporation's ("3Com") Kerbango tuning
service, ("Kerbango Tuning Service") you agree to be bound by the following
terms and conditions (the "TOS"):
3Com Links. The sites displayed as search results or linked to by the Kerbango
Tuning Service are owned and operated by individuals and/or companies over
whom 3Com exercises no control. 3Com assumes no responsibility for the
content of any site included in any search results or otherwise linked to by the
Kerbango Tuning Service.
Personal Use Only. The Kerbango Tuning Service is made available for your
personal, non-commercial use only. Use of the Kerbango Tuning Service to sell a
product or service, or to increase traffic to your Web site for commercial reasons,

10. such as advertising sales is expressly forbidden. You may not take the results
from a Kerbango search and reformat and display them, or mirror the 3Com's
Kerbango home page or results pages on your Web site, or send automated
queries to Kerbango's system without express permission from 3Com.
If you wish to make commercial use of the Kerbango Tuning Service you must
enter into an agreement with 3Com to do so. Please contact
sales@kerbango.com for more information.
Changes In Terms and Conditions and Kerbango Tuning Service. 3Com may
modify or terminate its services from time to time, for any reason, and without
notice, including the right to terminate with or without notice, without liability to
you, any other user or any third party. 3Com reserves the right to modify the TOS
from time to time without notice.
Disclaimer of Warranties. 3Com disclaims any and all responsibility or liability for
the accuracy, content, completeness, legality, reliability, or operability or
availability of information or material displayed in the Kerbango Tuning Service
results. 3Com disclaims any responsibility for the deletion, failure to store,
misdelivery, or untimely delivery of any information or material. 3Com disclaims
any responsibility for any harm resulting from downloading or accessing any
information or material on the Internet through the Kerbango Tuning Service.
THE KERBANGO TUNING SERVICE IS PROVIDED "AS IS", WITH NO
WARRANTIES WHATSOEVER. 3COM EXPRESSLY DISCLAIMS TO THE
FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 3COM
DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE KERBANGO TUNING SERVICE.
3COM DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE
OBTAINED THROUGH THE KERBANGO TUNING SERVICE. 3COM
DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE KERBANGO TUNING SERVICE OR
RECEIVED THROUGH ANY LINKS PROVIDED BY THE KERBANGO TUNING
SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED
THROUGH ANY LINKS PROVIDED IN THE KERBANGO TUNING SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE
OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE KERBANGO
TUNING SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE
DOWNLOAD OF SUCH MATERIAL OR DATA.

11. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY
FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL 3COM BE LIABLE
TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR
RELIANCE ON THE KERBANGO TUNING SERVICE ARISING FROM ANY
CLAIM RELATING TO THIS LICENSE OR THE SUBJECT MATTER HEREOF.
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE (EVEN IF 3COM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND
RELIANCE ON THE KERBANGO TUNING SERVICE, FROM INABILITY TO
USE THE KERBANGO TUNING SERVICE, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE KERBANGO TUNING SERVICE
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED
BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE KERBANGO TUNING SERVICE OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE KERBANGO TUNING SERVICE,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE KERBANGO TUNING SERVICE OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE KERBANGO TUNING
SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO
THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY
WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE
KERBANGO TUNING SERVICE OR ANY INFORMATION OR MERCHANDISE
THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE
KERBANGO TUNING SERVICE. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall 3Com be held liable
for any delay or failure in performance resulting directly or indirectly from acts of
nature, forces, or causes beyond its reasonable control, including, without
limitation, Internet failures, computer equipment failures, telecommunication

12. equipment failures, other equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals, non-performance of
third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions. These TOS will be governed by and construed in
accordance with the laws of the State of California, without giving effect to its
conflict of laws provisions or your actual state or country of residence. If for any
reason a court of competent jurisdiction finds any provision or portion of the TOS
to be unenforceable, the remainder of the TOS will continue in full force and
effect.
These TOS constitute the entire agreement between the parties with respect to
the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of the TOS will be effective only if in
writing and signed by 3Com.
EA0814
Rev. 9/23/201